A survey of the evolution of western water law in response to changing economic and public interest demands

The prior appropriation doctrine underlay water law in the Western U.S.A.. Its principles included the diversion of water to beneficial use and priority to those first using, and continuing to use, the resource. Riparian rights were not recognized. An appropriative right became a protected property interest. The historical background to the doctrine is reviewed and the protection of the public interests in water allocation under its influence discussed. Water transfers, particularly interstate sales and leases, are described along with recent legislative developments in the west.